Substance Abuse Policy

East Carolina University is dedicated to the pursuit and dissemination of knowledge and, as such, expects all members of the academic community to behave in a manner conducive to that end. The highest standards of personal and professional conduct must be maintained by faculty, staff, and students. Illegal or abusive use of drugs or alcohol, referred to in this policy as substance abuse, by members of the university community adversely affects the mission of the university and is prohibited.

Accordingly, the East Carolina University Board of Trustees adopts the following policy, consistent with The UNC Board of Governors’ Policy on Illegal Drugs. The policy is intended to accomplish the following:

Prevent substance abuse through a strong educational effort;

Encourage and facilitate the use of counseling services and rehabilitation programs by those members of the academic community who require their assistance in stopping substance abuse; and

Discipline appropriately those members of the academic community who engage in illegal drug or alcohol-related behaviors.

Educational Efforts to Prevent Substance Abuse

In keeping with its primary mission of education, East Carolina University will conduct a strong educational program aimed at preventing substance abuse and illegal drug or alcohol use. Educational efforts shall be directed toward all members of the academic community and will include information about the incompatibility of the use or sale of illegal substances with the goals of East Carolina University; the health hazards associated with illegal drug or alcohol use; the incompatibility of substance abuse with the maximum achievement of educational, career, and other personal goals; and the potential legal consequences of involvement with illegal drugs or alcohol.

Counseling and Rehabilitation Services to Prevent Substance Abuse

Those faculty, staff, or students who seek assistance with a substance-related problem shall be provided with information about drug counseling and rehabilitation services available through East Carolina University and also through community organizations. Those who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentiality will be observed.

Disciplinary Actions to Prevent Substance Abuse

Students, faculty members, administrators, and other employees are responsible, as citizens, for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver, or manufacture those drugs designated collectively as “controlled substances” in Article 5 of Chapter 90 of the North Carolina General Statutes. Any member of the university community who violates that law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the university.

It is expected that East Carolina University students, faculty members, administrators, and other employees who use or possess alcoholic beverages will do so as legally prescribed by the laws of the State of North Carolina, within the regulations of East Carolina University, and in a manner which does not disrupt the lives of others. A person whose conduct is outside these parameters will be subject to the judicial rules and procedures of the university.

It is not double jeopardy for both the civil authorities and the university to proceed against and punish a person for the same specified conduct. The university will initiate its own disciplinary proceedings against a student, faculty member, administrator, or other employee when the alleged conduct is deemed to affect the interests of the university.

Penalties will be imposed by the university in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees, as required by Sections V and VI of Appendix D of the East Carolina University Faculty Manual, by board of governors’ policies applicable to the employees exempt from the State Personnel Act, by the East Carolina University Student Judicial System, and by regulations of the State Personnel Commission

The penalties to be imposed by the university may range from written warnings with probationary status to expulsions from enrollment and discharges from employment*. However, the following minimum penalties shall be imposed for the particular offenses described.

Trafficking in Illegal Drugs

For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedule I, NC General Statutes 90-89, or Schedule II, NC General Statutes 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone), any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.

For a first offense involving the illegal manufacture, sale, or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedules III through VI, NC General Statutes 90-91 through 90-94, (including but not limited to, marijuana, pentobarbital, codeine) the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. For a second offense, any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.

Illegal Possession of Drugs

For a first offense involving the illegal possession of any controlled substance identified in Schedule I, NC General Statutes 90-89, or Schedule II, NC General Statutes 90-90, the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent.

For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, NC General Statutes 90-91 through 90-94, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis. A person on probation must agree to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the chancellor or the chancellor’s designee deems appropriate. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation.

For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, administrators, or other employees.

Possession and Use of Alcohol

For offenses involving the illegal possession, use, sale and/or distribution of alcohol in violation of NC General Statutes 18B-300 & 18B-301 & 302; 18B-1006 (a); or Greenville Ordinance No. 812-1-2, a student will be subjected to a progressive penalty system based on the type of infraction and the circumstances involved. Penalties may be a warning, probation, fine, volunteer community service, and/or removal from the residence system or the university.

In certain circumstances, involvement in an alcohol education and/or counseling program may be offered to a student in lieu of being refereed to the honor board with a recommendation for suspension. Specifically, a student given this option will be required to participate in a program of assessment, education and counseling; pay a fee of sixty dollars ($60), and be placed on university probation. A student may participate in this program only once in lieu of disciplinary action.

University employees subject to the State Personnel Act may be disciplined in accordance with the rules and regulation for personal misconduct, i.e., final written warning, which may include a three (3) day suspension without pay, or dismissal.

When a student, faculty member, administrator, or other employee has been charged by the university with a violation of policies concerning illegal drugs or alcohol, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the chancellor or, in the chancellor’s absence, the chancellor’s designee concludes that the person’s continued presence within the university community would constitute a clear and immediate danger to the health or welfare of other members of the university community; provided, that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.

In the case of employees, anyone convicted of a criminal drug statute violation occurring in the workplace shall notify the university no later than five days after such a conviction. The university will commence disciplinary action against such an individual within thirty (30) days of notice of the conviction.

Responsibilities Under This Policy

Authority to implement the policy shall reside in the chancellor. The chancellor shall designate a coordinator of drug and alcohol education who shall, acting under the authority of the chancellor, be responsible for overseeing all actions and programs relating to this policy.

All employees and students shall be responsible for abiding by the provisions of this policy. In the case of employees, adherence with the provisions of the policy shall be a condition of employment.

The chancellor will render an annual report to the board of trustees on the effectiveness of this policy.

Dissemination of This Policy

A copy of this policy shall be given annually to each employee and to all new employees at the beginning of their employment. Each student shall receive a copy and new students shall be given a copy during orientation.

The policy shall be printed on appropriate student documents and posted on official bulletin boards of the university.

Amended October, 1990 The Board of Trustees of East Carolina University

East Carolina University Equal Opportunity and Nondiscrimination Policies

It is the policy of the State of North Carolina, to provide equal opportunity in employment for all qualified persons, and to prohibit discrimination in employment because of race, color, creed, religion, sex, national origin, age, political affiliation, veterans’ status, genetic information, or disability.

Consistent with the policy of the State of North Carolina, East Carolina University reaffirms that it has been, and will continue to be, the policy of this university to be an equal opportunity employer. East Carolina University is committed to equality of educational opportunity and prohibits discrimination against students, applicants, employees, or visitors based on race/ethnicity, color, creed, genetic information, national origin, religion, sex, sexual orientation, age, disability, political affiliation, or veterans’ status. [Any individual alleging discrimination based on sexual orientation cannot grieve beyond the university’s internal grievance process. Allegations of genetic information discrimination are not currently appealable to the NC Office of Administrative Hearings.]

East Carolina University supports the protections available to members of its community under all applicable federal laws, including Titles VI and VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; Section 799A and 845 of the Public Health Service Act; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Rehabilitation Act of 1973, as amended; the Pregnancy Discrimination Act of 1978; the Civil Rights Restoration Act of 1988; the Vietnam Era Veteran's Readjustment Assistance Act of 1974; the Civil Rights Act of 1991 and the Americans with Disabilities Act of 1990, as amended; Title II of the Genetic Information Non-discrimination Act of 2008; Executive Order 11246, as amended; the N.C. General Statutes Section 126-16, as amended and other applicable federal and state laws. The university’s policy is also consistent with the Code of the University of North Carolina, Section 103.

In compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, accommodations of the disabled extend to student programs, employment practices, elimination of physical barriers, and special assistance to disabled students and employees within the university. The university will provide reasonable accommodations for applicants and/or employees with a documented disability as defined by the ADA when doing so will enable them to successfully perform job duties or benefit from training.

Students and current, former, or prospective faculty or staff who have a complaint should follow the procedures outlined in the ECU Faculty Manual, the ECU EEO Plan, or the ECU Student Handbook. The associate provost for equity and diversity will provide information to any individual concerning the appropriate grievance procedures as outlined below:

Grievances Against East Carolina University Students:Complaints brought against East Carolina University students by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures presented in the ECU Student Handbook.

Grievances Against East Carolina University Staff:Complaints brought against East Carolina University staff by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures stated in the ECU Equal Employment Opportunity Plan.

Grievances Against East Carolina University Faculty Members or Administrators Holding Faculty Status:Complaints brought against East Carolina University faculty members or administrators holding faculty status by East Carolina University students, faculty, staff, administrators, or visitors are ordinarily governed by the grievance procedures presented in the Grievance Procedures for Complaints of Unlawful or Prohibited Harassment, Discrimination or Improper Relationships Brought Against East Carolina University Faculty Members or Administrators Holding Faculty Status in the ECU Faculty Manual.

The monitorial and evaluative aspects of the equal opportunity programs and policies are the responsibilities of the Office for Equity and Diversity. The chancellor has appointed LaKesha Alston, associate provost for equity and diversity and Title IX coordinator and ADA/Section 504 compliance officer, to coordinate all aspects of the Equal Opportunity and Equity programs. The Office for Equity and Diversity is located in Suite G-406 Old Cafeteria Building. Telephone: 252-328-6804. Web site: www.ecu.edu/oed.

Notice of Nondiscrimination

East Carolina University is committed to equality of opportunity and does not discriminate against applicants, students, employees, or visitors based on race/ethnicity, color, creed, national origin, religion, sex, sexual orientation, age, veteran status, political affiliation, genetic information, or disability.

This nondiscrimination policy covers admission, readmission, access to, and treatment and employment in university programs and activities, including, but not limited to, academic admissions, financial aid, any services, and employment.

Any act by a university employee or student of reprisal, interference, restraint, penalty, discrimination, coercion, retaliation, or harassment against an employee or student for using the applicable policies responsibly interferes with free expression and openness and violates university policy. Accordingly, members of the university community are prohibited from acts of reprisal and/or retaliation against those who file complaints, are involved as witnesses, or otherwise try to responsibly use university policies.

Sexual Harassment, Discrimination, and Conflicts of Interest Policies and Procedures of East Carolina University

Title IX is a federal law that prohibits sex discrimination. Associate Provost LaKesha Alston is the university’s Title IX coordinator. Consistent with this law, the university’s Sexual Harassment, Discrimination and Conflicts of Interest Policy prohibits any conduct that meets the following definitions:

Sexual Harassment: The following constitute sexual harassment:

making verbal remarks or committing physical actions that propose to people of either sex that they engage in or tolerate activities of a sexual nature in order to avoid some punishment or to receive some reward

singling out people of either sex and creating or attempting to create a hostile university or working environment or otherwise attempting to harm or harming people because of their sex

continuing verbal or physical conduct of a sexual nature when the person or persons the conduct is directed toward has indicated clearly, by word or action, that this conduct is unwanted.

Sexual Discrimination: Sexual discrimination consists of actions that subject employees or students to unequal treatment on the basis of their sex.

Conflicts of Interest: Consensual amorous relationships in which one person is responsible for supervising or evaluating the other create conflicts of interest because they impair or reasonably can be expected to impair the professional judgment of the supervisor.

Policy of the Board of Governors of the University of North Carolina Concerning Improper Relationships Between Students and Employees

The Policy of the Board of Governors of the University of North Carolina Concerning Improper Relationships Between Students and Employees prohibits certain amorous relationships between students and employees. Specific conduct prohibited by this policy includes the following:

It is misconduct, subject to disciplinary action, for a university employee, incident to any instructional, research, administrative, or other university employment responsibility or authority, to evaluate or supervise any enrolled student of the institution with whom he or she has an amorous relationship or to whom he or she is related by blood, law, or marriage.

It is misconduct, subject to disciplinary action, for a university employee to engage in sexual activity with any enrolled student of the institution, other than his or her spouse, who is a minor below the age of 18 years.

An amorous relationship exists when, without the benefit of marriage, two persons as consenting partners (a) have a sexual union or (b) engage in a romantic partnering or courtship that may or may not have been consummated sexually.

Unlawful Workplace Harassment Policy

It is the policy of East Carolina University that no state employee may engage in speech or conduct that is defined as unlawful workplace harassment as indicated below. All state employees are guaranteed the right to work in an environment free from unlawful workplace harassment and retaliation.

Unlawful workplace harassment is unwelcome or unsolicited speech or conduct based upon race, sex, creed, religion, national origin, age, genetic information, color, or handicapping condition as defined by G.S. 168A-3 that creates a hostile work environment or circumstances involving quid pro quo. [Allegations of genetic information discrimination are not currently appealable to the NC Office of Administrative Hearings.]

Hostile work environment is one that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. Hostile work environment is determined by looking at all of the circumstances, including the frequency of the allegedly harassing conduct, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee’s work performance.

Quid Pro Quo harassment consists of unwelcome advances, requests for favors, or other verbal or physical conduct when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

Retaliation is adverse treatment taken because of opposition to unlawful workplace harassment.

Sexual Orientation Policy

The university’s Sexual Orientation Policy prohibits discrimination based on sexual orientation. Any educational and employment decisions should be based on an individual’s skills and abilities and should not be based on factors or personal characteristics that are unrelated to academic abilities or job performance.

Religious Accommodation

The Religious Accommodation Regulation outlines the university’s provisions for accommodating religious observances of students and employees. The university accommodates the religious observances and practices of employees and students except where such accommodation causes undue hardship on the conduct of the university’s business, but always in compliance with applicable law. This regulation includes a provision that students shall be allowed a minimum of two excused absences each academic year for religious observances required by the faith of the student and provides details regarding requirements to request an excused absence for religious observance and make-up related work missed due to that absence.

Disability Accommodation Grievance Procedures

The Department for Disability Support Services provides assistance to employees, students and visitors who request an accommodation based on a disability. East Carolina University applicants, employees, or visitors who have concerns about the adequacy of accommodations or wishing to file a grievance or appeal a decision relative to the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 made for them should follow the procedures outlined in the Disability Accommodation Grievance procedures. Any student who has an issue or concern regarding his or her rights under the Americans with Disabilities Act of 1990 as amended by the ADA Amendments Act of 2008 may inquire first with the dean of students.

Patent and Copyright Policies

The patent and copyright policies of the University of North Carolina and East Carolina University apply to all employees and students of East Carolina University, including but not limited to faculty, staff, professional employees, and undergraduate and graduate students. These policies relate to ownership, disposition and management of intellectual property rights (such as patents and copyrights).